ILR Tier 1 (General) Application Rejected: Please Help

zimba88 wrote: ↑

Wed Oct 18, 2017 6:11 pm

There have been more than hundreds of the posts on the exact same topic for few years here.
It is being discussed almost on a daily basis.
Please search the forum

QueryMakerK wrote: ↑

Wed Oct 18, 2017 6:33 pm

Might I ask: will my case become complicated as a result of my not having any leave to remain? In other words, should I apply for JR, will I become an overstayer? And is the option of ILR through the 10-year route closed to me as a result of the 322(5)?

Your leave to remain(3C leave) will end upon the reciept of Administrative Review decison and you essentially become overstayer from the time you recieve your Administrative review decision. Any subsequent applications if you decide to make must be made within 14 days from the time you recieve AR.

You can apply for any other category which is relevant to you however 322(5) need need to be removed by means of JR as it is general grounds of refusal and will possibly affect all subsequent applications.

monty87 wrote: ↑

Wed Oct 18, 2017 6:42 pm

QueryMakerK wrote: ↑

Wed Oct 18, 2017 6:33 pm

Might I ask: will my case become complicated as a result of my not having any leave to remain? In other words, should I apply for JR, will I become an overstayer? And is the option of ILR through the 10-year route closed to me as a result of the 322(5)?

Your leave to remain(3C leave) will end upon the reciept of Administrative Review decison and you essentially become overstayer from the time you recieve your Administrative review decision. Any subsequent applications if you decide to make must be made within 14 days from the time you recieve AR.

You can apply for any other category which is relevant to you however 322(5) need need to be removed by means of JR as it is general grounds of refusal and will possibly affect all subsequent applications.

monty87 wrote: ↑

Wed Oct 18, 2017 7:24 pm

@ QueryMakerK/

In my own experience to have successfully challenged 322(5), I personally think it depends on your reasonable explanation for not submitting tax returns on time as HO is well within their rights to verify your income with hmrc which you relied on for earnings and was awarded points. The very fact that you did not submit tax returns at all is negligence and questionable by court and HO and you also had additional tax to pay so HO view that you avoided tax liability is to some extent correct. The onus is on you to demonstrate with documentary evidence from acc, hmrc, medical etc that it was genuine error. I do not believe medical circumstances could stop anyone from submitting tax returns for 5 years. If someone can earn with same medical circumstances then they can surely pay tax too.

Its hard to challenge with your aforementioned situation.

QueryMakerK wrote: ↑

Wed Oct 18, 2017 5:23 pm

Dear All,

I was directed to this forum by a friend who found it useful during her own application process.

I have been resident in the United Kingdom on a series of resident visas (student, post-study, Tier 1 (general)) for over 15 years. I was never sure if I was going to remain here or move abroad. My tax returns for the previous years hadn't been filed in time due to illness and oversight. However, I brought them up to date at the start of 2016.

I made an application for ILR in Mary 2016, just before my three-year Tier 1 visa expired. In April of this year, I was sent a questionnaire asking me various questions about my earnings and tax submissions. I answered them in detail, and supplied a letter from my doctor attesting to my illness and a letter from my chartered accountants explaining that all the accounts had been brought up to date.

The application was rejected last week under "Paragraph 322(5) and Paragraph 245CD(b) and Paragraph 245CD(g) with reference to Appendix A (Attributes) Paragraph (i) and Paragraph (j) of the Immigration Rules". UKVI acknowledge my circumstances and the supporting evidence I supplied. Nonetheless, they say that they are satisfied that I either under-declared my income to HMRC or over-declared my income to UKVI when my made my previous Tier 1 (General) applications, and have therefore refused my current application.

Deception is implied but never explicitly stated. The onus of filing taxes on time is mine, I admit. But I cannot in good conscience accept that there was any intent to deceive. I was simply not in a position to handle my affairs. The earnings were legitimate, and all the declarations were made to HMRC.

I have been offered the opportunity of an Administrative Review. I am thinking of hiring a lawyer to do this, but my search so far has yielded no results. I have another week left before the deadline for the Review elapses, and I have no further leave to remain. I have roots here after spending more or less half my life here and cannot wrench myself just like that. Has anyone else been in the same boat? If so what, realistically, are my options now?

A) Should I seek an Admin Review? B) Am I able to make a fresh application for ILR? C) Shall I seek Judicial Review on the grounds that UKVI did not adequately engage with the evidence? (I have seen, on this forum, cases that were more complex than mine that culminated in a positive result after persistent efforts by the applicant(s). So I am assuming that there is a light at the end of the tunnel.)

Any help, any constructive advice, would be gratefully accepted. As many of you can imagine, I am extremely anxious and eager to find a solution. So, if you can, please help.

Thank you in advance.

london2007 wrote: ↑

Thu Oct 19, 2017 11:19 am

QueryMakerK wrote: ↑

Wed Oct 18, 2017 5:23 pm

Dear All,

I was directed to this forum by a friend who found it useful during her own application process.

I have been resident in the United Kingdom on a series of resident visas (student, post-study, Tier 1 (general)) for over 15 years. I was never sure if I was going to remain here or move abroad. My tax returns for the previous years hadn't been filed in time due to illness and oversight. However, I brought them up to date at the start of 2016.

I made an application for ILR in Mary 2016, just before my three-year Tier 1 visa expired. In April of this year, I was sent a questionnaire asking me various questions about my earnings and tax submissions. I answered them in detail, and supplied a letter from my doctor attesting to my illness and a letter from my chartered accountants explaining that all the accounts had been brought up to date.

The application was rejected last week under "Paragraph 322(5) and Paragraph 245CD(b) and Paragraph 245CD(g) with reference to Appendix A (Attributes) Paragraph (i) and Paragraph (j) of the Immigration Rules". UKVI acknowledge my circumstances and the supporting evidence I supplied. Nonetheless, they say that they are satisfied that I either under-declared my income to HMRC or over-declared my income to UKVI when my made my previous Tier 1 (General) applications, and have therefore refused my current application.

Deception is implied but never explicitly stated. The onus of filing taxes on time is mine, I admit. But I cannot in good conscience accept that there was any intent to deceive. I was simply not in a position to handle my affairs. The earnings were legitimate, and all the declarations were made to HMRC.

I have been offered the opportunity of an Administrative Review. I am thinking of hiring a lawyer to do this, but my search so far has yielded no results. I have another week left before the deadline for the Review elapses, and I have no further leave to remain. I have roots here after spending more or less half my life here and cannot wrench myself just like that. Has anyone else been in the same boat? If so what, realistically, are my options now?

A) Should I seek an Admin Review? B) Am I able to make a fresh application for ILR? C) Shall I seek Judicial Review on the grounds that UKVI did not adequately engage with the evidence? (I have seen, on this forum, cases that were more complex than mine that culminated in a positive result after persistent efforts by the applicant(s). So I am assuming that there is a light at the end of the tunnel.)

Any help, any constructive advice, would be gratefully accepted. As many of you can imagine, I am extremely anxious and eager to find a solution. So, if you can, please help.

Thank you in advance.

sorry to hear about your refusal, could you please tell that how may years SA was not upto date?

QueryMakerK wrote: ↑

Thu Oct 19, 2017 11:35 am

london2007 wrote: ↑

Thu Oct 19, 2017 11:19 am

QueryMakerK wrote: ↑

Wed Oct 18, 2017 5:23 pm

Dear All,

I was directed to this forum by a friend who found it useful during her own application process.

I have been resident in the United Kingdom on a series of resident visas (student, post-study, Tier 1 (general)) for over 15 years. I was never sure if I was going to remain here or move abroad. My tax returns for the previous years hadn't been filed in time due to illness and oversight. However, I brought them up to date at the start of 2016.

I made an application for ILR in Mary 2016, just before my three-year Tier 1 visa expired. In April of this year, I was sent a questionnaire asking me various questions about my earnings and tax submissions. I answered them in detail, and supplied a letter from my doctor attesting to my illness and a letter from my chartered accountants explaining that all the accounts had been brought up to date.

The application was rejected last week under "Paragraph 322(5) and Paragraph 245CD(b) and Paragraph 245CD(g) with reference to Appendix A (Attributes) Paragraph (i) and Paragraph (j) of the Immigration Rules". UKVI acknowledge my circumstances and the supporting evidence I supplied. Nonetheless, they say that they are satisfied that I either under-declared my income to HMRC or over-declared my income to UKVI when my made my previous Tier 1 (General) applications, and have therefore refused my current application.

Deception is implied but never explicitly stated. The onus of filing taxes on time is mine, I admit. But I cannot in good conscience accept that there was any intent to deceive. I was simply not in a position to handle my affairs. The earnings were legitimate, and all the declarations were made to HMRC.

I have been offered the opportunity of an Administrative Review. I am thinking of hiring a lawyer to do this, but my search so far has yielded no results. I have another week left before the deadline for the Review elapses, and I have no further leave to remain. I have roots here after spending more or less half my life here and cannot wrench myself just like that. Has anyone else been in the same boat? If so what, realistically, are my options now?

A) Should I seek an Admin Review? B) Am I able to make a fresh application for ILR? C) Shall I seek Judicial Review on the grounds that UKVI did not adequately engage with the evidence? (I have seen, on this forum, cases that were more complex than mine that culminated in a positive result after persistent efforts by the applicant(s). So I am assuming that there is a light at the end of the tunnel.)

Any help, any constructive advice, would be gratefully accepted. As many of you can imagine, I am extremely anxious and eager to find a solution. So, if you can, please help.

Thank you in advance.

sorry to hear about your refusal, could you please tell that how may years SA was not upto date?

Dear @london2007, I submitted 4 years' SA302s with my application. They were all up to date at the time of submission. I now have a 5th SA302 for YE 2016.